Appellate Division: Second Judicial Department

M176248

T/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-01997 Ira Stein, appellant, v Peter F. Bauer, defendant, Town of Hempstead, respondent. (Index No. 20652/09)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, entered August 15, 2013, on the ground that they refer to matter dehors the record. Cross motion by the appellant for this Court to take judicial notice of the material referred to in the appellant's brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on the appeal.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, and the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until July 7, 2014, and the reply brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court